Issue 5
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ArticleVol. 95 · Iss. 5
Against Women’s Sports
This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. Sex…
Nancy Leong -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
ArticleVol. 95 · Iss. 5
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological…
Brian Tamanaha -
ArticleVol. 95 · Iss. 5
Lawness
One of the more important insights in H.L.A.Hart’s The Concept of Law comes on the very first pages of the book, where Hart insightfully…
Fredrick Schauer -
ArticleVol. 95 · Iss. 5
Phenomenology, Colonialism, and the Administrative State
In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law…
Edward L. Rubin -
ArticleVol. 95 · Iss. 5
The Data of Jurisprudence
In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it,…
Gerald J. Postema -
ArticleVol. 95 · Iss. 5
The Pragmatist Tradition: Lessons for Legal Theorists
As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…
Susan Haack -
ArticleVol. 95 · Iss. 5
A New Historical Jurisprudence?
In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…
Brian H. Bix -
ArticleVol. 95 · Iss. 5
Three Forms of Legal Pragmatism
Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I…
Charles L. Barzun